Village of Great Neck Plaza, NY Removal and Preservation of Trees

The natural growing characteristics of any tree or specimen tree, which includes branch spread and distribution, branch height above ground, and root spread and distribution.

PERSON

Any resident of the Village or any individual, firm, partnership, association, corporation, company, public agency, public utility or organization of any kind or agent thereof.

PUBLIC RIGHT-OF-WAY

The area on, below or above property that has been designated for use as, or is used as, a public roadway, highway, street, alley or similar purpose.

REAL PROPERTY

Includes all unimproved and improved real property within the Village.

SUBSTANTIAL ALTERATION

Any cutting or drastic pruning of a tree or its habit which impairs or endangers the life of such tree or destroys its natural symmetry, and shall include, but not be limited to, heavy or unnecessary cutting of top branches and cutting of major lower limbs.

TREE

Any living, upright woody plant together with its root system.

VILLAGE

The Village of Great Neck Plaza.

WIRE INTERFERENCE AREA

Any area within 15 feet of an imaginary line drawn between two poles or other structures which support overhead telephone, cable, electrical or similar utility wires.

§ 199-8 Prohibitions; applicability; waiver of provisions.

It shall be unlawful for any person to cut down, remove, destroy or substantially alter any tree or its habit on real property within the Village, or to cause, allow or permit such action to be taken, without a permit having been issued for such work under this article:

(1)

Where said tree is located within 20 feet of any property line which adjoins a street or road or is within 15 feet of any other property line;

(2)

If said tree shall have a diameter of six inches or more at a point which is six feet six inches above the ground at the base of the tree;

(3)

If said tree is within the public right-of-way; or

(4)

If such person is not the owner of the tree, without the consent of the owner, except as otherwise authorized in this article.

The provisions of this article shall not apply to:

(1)

The removal of trees from horticultural properties such as farms, nurseries, orchards or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to imminent development of the land.

(2)

The removal of trees on public rights-of-way conducted by or on behalf of a federal, state, county, municipal or other governmental agency, including the Village, in pursuance of its lawful activities or functions in the construction or improvement of public rights-of-way.

The Commissioner may, but shall not be obligated to, waive the provisions of this article where the Commissioner has determined that the tree to be removed or substantially altered, or which has been removed or substantially altered:

(1)

Is diseased or dead or was dead or diseased prior to its removal or alteration;

(2)

Is or was or threatened to become a danger to human life or property; or

(3)

When there exists an emergency situation where the removal, destruction or substantial removal of a tree or its habit is necessary in order to prevent imminent harm to human life or property.

§ 199-9 Application for permit.

An application for a permit required by this article shall be made to the Commissioner. There shall be no fee required for the submission of an application or for the issuance of a permit hereunder unless the Board hereinafter imposes such a fee by resolution.

The application shall be in writing and shall include the following information:

(1)

The address of the property on which the tree is located;

(2)

The name, address, phone number and e-mail address of the applicant;

(3)

The name, address, phone number and e-mail address of the principals of the applicant if the applicant is not an individual person;

(4)

The relationship of the applicant to the property on which the tree is located;

(5)

Written consent of the owner or owners of the property if the applicant is not the sole owner.

(6)

A statement of why the tree is being removed or substantially altered.

(7)

A photograph of the tree to be removed or substantially altered.

(8)

A diagram of the land where the tree is located showing all trees and structures on the property.

(9)

If the tree to be removed or substantially altered is claimed to be dead, damaged or diseased, a signed letter from an arborist stating this and explaining why removal is necessary.

The Commissioner may condition the granting or denial of an application under this article on the applicant's submission of such additional information or documentation as the Commissioner may reasonably require, including, but not limited to, the following:

(1)

A description of the size and species of all other trees on the property;

(2)

A tree replacement plan showing the species, size and location of trees proposed to replace the removed tree;

(3)

A tree preservation plan specifying the methods to be used to preserve all remaining trees and their root systems and the means of providing water and nutrients to their root systems; and

(4)

A topographical survey of the site showing any proposed grade changes if the property contains more than three residential units.

For good cause, the Commissioner may waive the submission of any information on the application which he or she finds to be unnecessary.

Upon receipt of the application, the Commissioner shall visit and inspect the site and contiguous and adjoining lands. If the Commissioner determines that the plan will destroy more trees than are reasonably necessary to achieve the stated purpose of the application or is not consistent with the stated purpose of this article, the permit application shall be modified by the applicant, and if not so modified, shall be denied.

In determining whether or not a permit should be granted, the Commissioner may consider any or all of the following:

(1)

The condition of the tree or trees with respect to disease, insect attack, proximity to existing or proposed structures and interference with utility services.

(2)

The necessity of removing the tree or trees in order to implement the stated purpose of the application.

(3)

The effect of the removal on erosion, soil moisture retention, flow of surface waters and drainage.

(4)

The number and density of trees in the area and the effect of tree removal on other existing vegetation and property values on the neighborhood.

(5)

Whether any tree in question is a tree worthy of preservation due to unusual characteristics, such as age, history, size, rarity, financial value or visual importance to the neighborhood.

(6)

Whether tree removal would substantially alter the water table or affect the stabilization of ground- and surface water.

(7)

Whether tree removal would have an adverse impact upon existing biological and ecological systems.

(8)

Whether tree removal would affect noise pollution by temporarily increasing source noise levels to such a degree that a public nuisance may be anticipated or by significantly reducing the beneficial noise dampening effect of vegetation near sensitive noise receptors.

(9)

Whether tree removal will affect air movement by significantly reducing the ability of existing vegetation to reduce wind velocities.

(10)

Whether tree removal will affect air quality by significantly affecting the natural cleansing of the atmosphere by vegetation.

(11)

Whether tree removal will affect wildlife habitat by significantly reducing the habitat available for wildlife existence and reproduction and/or causing the emigration of wildlife from adjacent or associated ecosystems.

(12)

The ease with which the applicant can alter or revise the proposed development or improvement to accommodate existing trees.

(13)

The hardship that would be imposed upon the applicant should the permit be denied.

(14)

The desirability of preserving tree cover in densely developed or densely populated areas.

(15)

The need for visual screening in transitional zones or relief from glare, blight, commercial or industrial ugliness or any other visual effect.

(16)

Whether the continued presence of the tree or trees is likely to cause danger to a person or property.

§ 199-10 Enforcement; penalties for offenses.

The Commissioner shall administer and enforce the provisions of this article. In the absence or inability of the Commissioner to perform said duties, the same shall be performed by an Assistant Commissioner or such other person designated by resolution of the Board.

Penalties.

(1)

Any person who shall violate any of the provisions of this article shall be deemed guilty of a violation under the New York State Penal Law and, upon conviction thereof, shall be subject to:

(a)

A fine of not more than $5,000 for each tree or its habit illegally removed, destroyed or substantially altered; a fine of not more than $5,000 for each replacement tree not planted; and a fine of not more than $5,000 for any other such violation; or

(b)

Imprisonment for a term of not more than 15 days; or

(c)

Both such fine and such imprisonment.

(2)

Each such violation shall constitute a separate offense and shall be punishable as such hereunder.

In addition to any penalty imposed under Subsection B, any person who cuts down, removes, destroys or substantially alters a tree or the habit of a tree, and any person who solicits, requests, commands, importunes or intentionally aids another person to engage in such conduct, and any owner or occupant of real property who causes, suffers, or permits a tree on said property to be cut down, removed, destroyed or substantially altered, without first receiving a permit to do so, shall replace the same, as directed by the Commissioner. Promptly upon learning of such an occurrence, the Commissioner shall give, or cause to be given, notice to replace such illegally removed or substantially altered tree, which notice shall specify the number, size, species and location of the replacement tree or trees and a reasonable time within which they must be planted. Such notice shall be in writing and shall be given by delivering the same personally, or by certified or registered mail, return receipt requested, to the owner, agent of the owner, lessee, occupant or person in possession of the property where the removed or altered tree was located, at his or her last known address, and to the person to be charged with the replacement obligation, at his or last known address, and by also posting the notice in a conspicuous place upon the premises. No error or mistake in the giving of a notice and no failure on the part of any owner, agent of the owner, lessee, occupant or person in possession of the premises to receive the same shall in any way affect the validity of the notice. The person delivering, mailing or posting such notice shall file with the Village an affidavit of delivery, mailing or posting. In the case of the mailing of the notice, such affidavit shall be conclusive evidence that the notice was received three days from the date that notice was deposited. If the person to whom such notice was sent or delivered fails, neglects or refuses to comply with said notice within the time specified therein, the Commissioner may cause the trees to be replaced, and the cost thereof may be assessed against the premises.

If the Commissioner determines that it is not feasible to plant a replacement tree or trees on the property where a tree has been removed or substantially altered, then the owner of the property on which the removed or altered tree was located shall deposit into a Tree Replacement and Preservation Fund to be maintained by the Village the sum of $250 for each removed or substantially altered tree less than 20 feet in height, and $500 for each such tree 20 feet or more in height. These amounts may be changed by resolution of the Board.

Any permit issued hereunder may be revoked and all work authorized by said permit halted if the Commissioner shall find that the permit was obtained by false or misleading statements or the work being performed is not proceeding in accordance with the terms of the permit and the provisions of this article.

A permit issued pursuant to this article shall expire nine months after the date of its issuance. No work may be perfumed under an expired permit.

§ 199-11 Removal of dangerous or diseased trees.

Private property. Any tree growing on real property which constitutes a danger to a public street or public place or the public using the same or which in any way endangers the usefulness of a public sewer or utility lines or which, by reason of infestation or blight, endangers other trees in the Village shall be removed and/or the habit thereof altered by the owner of said real property as directed by the Commissioner, after the owner of the property on which said tree is located obtains the necessary permit under this article. In the event that the property owner fails to comply with the directive of the Commissioner within the time specified by him, the Village may then take the action directed by the Commissioner and asses the cost thereof against the property owner. The directives from the Commissioner shall be in writing, shall clearly state the source of the danger, the action to be taken, and the date by which such action must be taken and shall be served on the owner of the property in the manner specified in § 199-10C of this article.

Public property. Nothing herein shall limit the authority of the Commissioner or his designee, without a permit, to remove or alter the habit of any tree on public property or in the public right-of-way which the Commissioner deems necessary to protect the health, safety and welfare of the Village residents.

§ 199-12 Replacement of trees.

Except as permitted in Subsection C below, as a condition to the issuance of a permit under this article, the Commissioner shall require the replacement of any tree that is intentionally cut down, removed or destroyed, or the habit of which is intentionally substantially altered. Replacement trees shall be of a number, size, and species which the Commissioner shall direct. The location and time for planting of the replacement tree or trees shall be specified by the Commissioner in the permit for removal. The applicant and the owner of the real property affected shall each be responsible for planting replacement trees as specified in the permit. Failure to comply with planting required by the Commissioner shall constitute a violation of this article.

In order to guarantee any tree replacement required pursuant to Subsection A of this section, the Commissioner, as a further condition to the issuance of a permit, shall require the applicant to deposit with the Village the sum of $250 (in the form of either cash, certified check, bond, or letter of credit) for each tree which has been intentionally cut down, removed or destroyed, or the habit of which has been intentionally substantially altered. This amount may be changed by resolution of the Board. A bond or letter of credit shall be in such form and issued by such sureties or banking institutions as meet the requirements established by the Village. If the applicant shall fail to replace a tree or trees in accordance with the directive of the Commissioner, the Village may enter upon the property involved to make such replacement and may use any security deposited by the applicant to defray the cost thereof. The making of the application shall constitute a license to the Commissioner and other authorized representatives of the Village to enter upon the real property which is the subject of the application in order to administer and enforce the provisions of this, including, but not limited to, the replacement of trees.

For good cause shown, if the Commissioner determines that it is not feasible to require the planting of a replacement tree or trees on the property where a tree has been intentionally cut down, removed or destroyed, or the habit of which has been intentionally substantially altered, then the permit shall require that the applicant deposit into a Tree Protection and Replacement Fund to be maintained by the Village the sum of: $250 for each such tree less than 20 feet in height, and $500 for each such tree 20 feet or more in height. These amounts may be changed by resolution of the Board.

§ 199-13 Protection of trees during construction activities.

All trees on property on which demolition, excavation, grading or construction activity is conducted shall be guarded with a substantial fence at all times when any of said activities are taking place. The fence shall be at least four feet high and shall completely enclose the trunk of the tree at a distance from the trunk equal to six inches for each one inch of the tree's diameter at a point one foot above grade at the base of the tree, or four feet, whichever is greater. On application of the owner or the owner's agent, the Commissioner may waive the necessity of the fence for one or more trees where he finds that distance, existing natural features or man-made structures afford adequate protection for such tree or trees. No person shall conduct any demolition, excavation, grading or construction activity on a property without enacting and maintaining thereon the fences above required.

§ 199-14 Protection of trees in the public right-of-way.

No person shall engage in the following conduct with respect to trees located in the public right-of-way, or permit, cause or allow another person to engage in such conduct:

(1)

Cause or permit a dog or other animal to defecate or urinate on a tree;

(2)

Cause or permit a flag, flyer, sign or other material to be affixed to a tree by a nail or comparable attachment method;

(3)

Place garbage bags, ground cover or debris in the tree pit; or

(4)

Chain a bike or other vehicle to a tree.

Except for employees and agents of the Village, no person shall plant a tree in the public right-of-way, or cause any other person to do so, without first obtaining from the Village a permit under this article. The Commissioner shall have sole and absolute discretion to determine the species of trees to be planted pursuant to such a permit, including, but not limited to, those designated in § 199-15 of this article, as well as the location and timing of such planting. Such permits shall be subject to all the requirements of this article, including, but not limited to, those relating to the content of applications, relevant factors to consider, violations, penalties and bonds.

§ 199-15 Trees within a wire interference area.

In order to minimize the necessity of removing or substantially altering trees which, as they grow, may interfere with overhead utility, electrical, cable or similar wires, any tree that is planted on property in the Village within a wire interference area shall belong to one of the following species:

Scientific Name	Common Name
Acer buergeranum	Trident maple
Acer campestre	Hedge maple
Acer rubrum "October Glory" "Armstrong"	Red maple
Acer tartaricum ssp. ginnaia	Amur maple
Acer truncatum	Shantung maple
Amelanchier canadensis	Serviceberry
Carpinus betulus	European hornbeam
Carpinus caroliniana	American hornbeam
Cercidiphyllum japanicum	Katsura tree
Cercis canadensis	Redbud
Cornus kousa	Kousa dogwood
Corylus colurna	Turkish filbert
Crataegus crus-galli inermis	Thornless hawthorn
Eucommia ulmaides	Hardy rubber tree
Ginko biloba	Ginkgo
Gleditsia triacanthos inermis	Honeylocust
Gymnocladus dioicus	Kentucky coffeetree
Koelreuteria paniculata	Goldenraintree
Liquidambar styraciflua	Sweetgum
Liriodendron tulipfera	Tulip tree
Maackia amurensis	Amur maacki
Metasequoia glyptostroboides	Dawn redwood
Nyssa sylvatica	Tupelo
Ostrya virginiana	American hophornbeam
Platanus x acerifolia	London planetree
Prunus sargentii	Columnar sargent cherry
Prunus virginiana "Schubert"	Schubert cherry
Pyrus calleryana	Callery pear
Quercus ocutissima	Sawtooth oak
Quercus bicolor	Swamp white oak
Quercus palustris	Pin oak
Quercus phellos	Willow oak
Quercus robur	English oak
Quercus rubra	Northern red oak
Robinia pseudoacacia	Black locust
Sophora japonica	Japanese pagoda tree
Sorbus intermedia	Swedish mountainash
Syringa reticulata	Japanese tree lilac
Taxodium distichum	Baldcypress
Tilia americana	Basswood
Tilia cordata	Littleleaf linden
Tilia tomentosa	Silver linden
Ulmos americana	American elm cultivar
Ulmus parviflora	Chinese elm
Zelkova serrata	Japanese zelkova

The Village may post on its website additional information regarding these tree species, including, but not limited to, their growth rate, their height when full-grown, their preferable soil characteristics, the shape of their canopies, their environmental tolerance and sensitivities and/or other relevant characteristics.

§ 199-16 Appeals.

Any person aggrieved by an act or determination of the Commissioner in the exercise of the authority herein granted shall have the right to appeal to the Board, the decision of which shall be final and conclusive.

An appeal shall be in writing, stating the decision appealed from and the reasons for the appeal.

§ 199-17 Suspension of other permits and approvals.

In the event that any property owner, or any other person performing work with the consent, express or implied, of the property owner, pursuant to a building permit, demolition permit, construction permit or any other permit or approval issued by the Village, shall violate the provisions of this article by removing, destroying or substantially altering a tree or the habit of a tree, or by suffering, permitting, or allowing the removal, destruction, or substantial alteration of a tree or the habit of a tree on such property, without a permit issued under this article, the Commissioner may suspend all work under such permit or other approval by the Village. Such suspension shall continue, and no further action shall be taken pursuant to such approval, until such person shall apply to the Village for modifications thereof based upon the removal, destruction, or substantial alteration of the trees or the habit of such tree or trees. Upon such application, the Village may modify such permits or approvals by implementing such conditions, including, but not limited to, the requirement that one or more new trees be planted and maintained in accordance with this article, or such other condition or conditions as the Village might deem appropriate. Such conditions may also include a prohibition of any further work on such property until the replacement tree or trees have been planted and that a declaration of covenants and restrictions be recorded by the owner of the property, running with the land, to assure that such conditions with regard to such replacement trees shall be enforceable against all future owners.

Notwithstanding anything to the contrary in this section, the Commissioner shall have the authority to authorize and/or direct that the property owner and/or any other person performing work with the consent, express or implied, of the property owner take such actions as, in the sole discretion of the Commissioner, are reasonable and/or necessary to maintain the property in a safe condition and to assure that all relevant stormwater, sediment and erosion control, and tree protection measures are implemented and maintained, and that such other actions as the Commissioner may determine to be in the best interests of the Village are implemented and maintained until such application has been made, a decision thereon has been rendered, and the additional conditions, if any, of such departments, boards, and/or committees have been implemented.